Citation Nr: 0739818
Decision Date: 12/18/07 Archive Date: 12/26/07
DOCKET NO. 06-38 562 ) DATE
)
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On appeal from the
Department of Veterans Affairs Regional Office in Cleveland,
Ohio
THE ISSUES
1. Entitlement to service connection for post-traumatic
stress disorder (PTSD).
2. Entitlement to service connection for peripheral
neuropathy, claimed as due to herbicide exposure.
3. Entitlement to service connection for depression.
4. Entitlement to service connection for hypertension.
5. Entitlement to service connection for muscle cramps of
the legs and arms.
REPRESENTATION
Appellant represented by: Mr. Carl K. Price, Accredited
Agent
ATTORNEY FOR THE BOARD
S. M. Marcus, Associate Counsel
INTRODUCTION
The appellant is a veteran who served on active duty from
January 1966 to January 1970.
This matter is before the Board of Veterans' Appeals (Board)
on appeal from an October 2005 rating decision of the
Department of Veterans Affairs (VA) Regional Office (RO) in
Cleveland, Ohio.
The appeal is REMANDED to the RO via the Appeals Management
Center (AMC), in Washington, DC. VA will notify the veteran
if further action is required on his part.
REMAND
The veteran submitted a statement in December 2007 that he
requested a hearing before a DRO back in 2006 and was never
afforded one. While the record does not reflect this, the
fact remains that he is interested in providing testimony at
a hearing. The Court has determined that the veteran has a
right to request a hearing before the issuance of a Board
decision. Bernard v. Brown, 4 Vet. App. 384, 393 (1993)
(citing 38 U.S.C.A. § 7104(a) (West 1991)); 38 C.F.R. §§
3.103(a) and (c), 19.9, 19.25, 20.704. In this case, the
veteran properly requested a hearing before a DRO and,
therefore, the veteran should be afforded a hearing before
the DRO as requested.
Accordingly, the case is REMANDED for the following action:
1. The RO should make arrangements to
schedule the veteran for a personal hearing
at VARO St. Louis, MO with a DRO for the
issues enumerated above.
2. The RO should then readjudicate the
veteran's claims. If the claims remain
denied, issue a supplemental statement of
the case (SSOC) to the veteran and his
representative, and they should be given
an opportunity to respond, before the case
is returned to the Board.
The appellant has the right to submit additional evidence and
argument on the matter or matters the Board has remanded.
Kutscherousky v. West, 12 Vet. App. 369 (1999).
This claim must be afforded expeditious treatment. The law
requires that all claims that are remanded by the Board of
Veterans' Appeals or by the United States Court of Appeals
for Veterans Claims for additional development or other
appropriate action must be handled in an expeditious manner.
See 38 U.S.C.A. §§ 5109B, 7112 (West 2002 and Supp. 2007).
_________________________________________________
K. PARAKKAL
Veterans Law Judge, Board of Veterans' Appeals
Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the
Board of Veterans' Appeals is appealable to the United States
Court of Appeals for Veterans Claims. This remand is in the
nature of a preliminary order and does not constitute a
decision of the Board on the merits of your appeal.
38 C.F.R. § 20.1100(b) (2007).